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  • pthoko
    07-17 01:39 PM
    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.


    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use
    this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......

    ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??

    IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?

    CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?

    WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?




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  • rtarar
    08-06 09:33 AM
    IITian or MITian its immaterial.

    You posts earlier have proved themselves that you are a certified selfish,arrogant and a bonafied idiot.

    Some body really took care to create a piece like you.




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  • chanduv23
    04-13 03:03 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..
    Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.




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  • gclabor07
    08-05 11:48 AM
    Folks,

    Here are my thoughts on this based on my personal experience.

    USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.

    I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.

    Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.



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  • riva2005
    04-08 11:43 PM
    Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.


    Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

    If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

    What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

    Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

    This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

    Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

    Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

    So in a nutshell, they(IEEE-USA) are against H1B employees if they :

    1. Come here and stay here on GC.
    2. Come here and go back.
    3. Never come here but work for US companies and enable outsourcing.

    So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

    Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

    Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.




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  • rvr_jcop
    03-26 08:37 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.

    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?



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  • sanju_dba
    06-23 03:29 PM
    As of now Single Family Dwelling &Condos owned by corporate ( like banks , invest companies ) is 3.9%.




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  • NKR
    07-14 03:52 PM
    ---------------------------------------------------------------------------
    I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.


    If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.



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  • desi3933
    07-11 10:57 AM
    Yes H1B is NOT Stamped yet.

    You can try getting visa from Canada/Mexico, but if visa is denied one has to fly home country to get visa from. You can not re-enter US if visa is denied in Canada/Mexico.

    Do you have degree from US? In that case, it may be helpful.


    ________________________
    Not a legal advice.




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  • brij523
    07-07 09:50 PM
    1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.

    2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number

    1-800-375-5283, press 1..2..2..6..1..your case number..1..
    wait for the automated status message then. select.3..4

    3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help

    4) Call customer service - 1-800-375-5283 and talk to rep.

    Best of luck



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  • gapala
    06-07 04:46 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.

    http://homebuying.about.com/od/buyingahome/qt/0307Buyinghome.htm




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  • nixstor
    11-15 12:25 PM
    This guy needs to go. He is a total joke. Where does he put his $$ in? Every one knows he owns stock of most companies that has outsourced jobs to India/other countries. I am sure he has his money everywhere in Cisco/Msoft whom he bashes along with Kim B. Check this page who want to see him go. There are lot of legal immigration folks who are there.

    http://www.bluelatinos.org/firelou

    Should we be talking to FOX news to get them do a program on how he changes his stand? How many times he brings only one side of the story?



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  • SunnySurya
    08-05 10:38 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.
    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?




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  • nozerd
    12-26 05:25 PM
    I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.



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  • nat23
    11-15 06:52 AM
    Yesterday Lou Dobb said on his show that he wants the borders and ports to be secured first and then talk about illegal immigration.

    It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.

    Thats an interesting change in his strategy.




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  • HawaldarNaik
    12-26 08:08 PM
    My take on this is that there are two options

    Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts

    Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)

    Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
    Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)



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  • Macaca
    01-15 08:35 PM
    Not as clear this year (http://thehill.com/editorials/not-as-clear-this-year-2008-01-15.html) The Hill Editorial, 01/15/08

    After Democrats won control of Congress in 2006, their agenda for 2007 was unmistakable. It would start with taking steps to try to end the war in Iraq as well as tackling the items on their �Six in �06� campaign pledge.

    But the plan for the second session of the 110th Congress is unclear. The economy is expected to play a leading role on Capitol Hill this year, while Iraq will take more of a back seat. Democrats are well aware that they do not have the votes to make significant changes to Iraq policy and believe they can attract enough support to enact some sort of an economic stimulus package.

    Yet there is much uncertainty in what will be in that bill, especially with a White House that will undoubtedly want something different.

    Democrats have made some progress on their Six in �06 agenda, enacting bills on lobbying reform, student loans and the minimum wage. However, stem cell and Medicare prescription drug negotiation legislation has been and will continue to be blocked by President Bush�s veto power. Those bills, Democrats predict, will be made law in 2009, when they hope to have control of the executive and legislative branches.

    There is no shortage of bills to address in coming months, some of which were not completed last year, such as the farm measure, patent reform and reauthorization of the Foreign Intelligence Surveillance Act.

    Democratic appropriators, meanwhile, are expected to have more time to focus on their spending bills earlier this year because they will not be burdened by the need to finish leftover budget measures from the previous Republican regime. Still, losing the spending showdown with Bush in December limits their leverage in 2008.

    In order to build on their majority, Democrats must combat GOP claims that this is a do-nothing Congress. They are expected to discuss that at an upcoming retreat, as well as fine-tune what their 2008 agenda will be.

    It is unlikely that the tensions between House and Senate Democrats, which have flared in recent months, will continue to mount. A cohesive message in 2008, as in all election years, is vital to winning in November.

    Republicans in Washington privately acknowledge that Democrats are likely to control both houses of Congress next year. But the dismally low approval ratings for Congress have gotten the attention of Democratic leaders, who know they must produce in 2008.

    If things go right for Democrats this year, they will be talking about bold ideas in 2009 with a Democrat in the White House and at least a handful of new Democratic senators. But there are many hurdles for them to clear to get to that point.




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  • nojoke
    05-03 02:33 AM
    NAR has been constantly changing their prediction. They predicted that we will be having growth in the later part of this year. Now they changed their tune. It is now 24% down. Nextmonth they will say 35% down. NAR is a joke
    http://lansner.freedomblogging.com/2008/05/02/realtors-forecast-24-price-drop-for-california-houses/




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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.




    desi3933
    07-11 10:57 AM
    Yes H1B is NOT Stamped yet.

    You can try getting visa from Canada/Mexico, but if visa is denied one has to fly home country to get visa from. You can not re-enter US if visa is denied in Canada/Mexico.

    Do you have degree from US? In that case, it may be helpful.


    ________________________
    Not a legal advice.




    meg_z
    08-06 09:53 AM
    How come the concern???

    USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.

    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.



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